Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Monday, November 26, 2018

Recovering your essential fada!

Why risk a fine of €10 million?


This is good news: if your name is Ciarán, Oisín, Sinéad or Siobhán or Seán; or if your Surname has the prefix Ó, Ní or Uí; or if you have a combination of these.  This is a problem you have come across not once but many times. You try to book a ticket and this happens:
Ó Riain is my Passport Family Name so, strictly speaking I am unable to complete this registration.
The Coimisinéir Teanga, Rónán Ó Domhnaill,  has said "One’s name and surname is integral to one’s identity. There is no excuse for any person, company or organisation, not to mention an agency of the State, to anglicise that identity by registering people’s details in English when that is neither their wish nor their choice." (Report on Department of Communications, Energy and Natural Resources - 31 Dec 2015)

This report of an investigation into allocation of so-called postal codes, found that the Department had indeed breached legislation in using English versions of place names in the Gaeltacht but because "there is no language legislation at present that ensures the State has an obligation to accept the choice of the citizen regarding his/ her name ... it wasn’t included as a statutory question for which findings had to be made as part of the investigation."

He later observed in an address to an Oireachtas Committee that he was disappointed to note that there is no protection, either in the Official Language Acts (2003) nár any other act that protects the use of the use of the name, surname or address in whichever official language the citizen chooses. (Address to Oireachtas Committee on Irish, Gaeltacht and Islands [Irish] -  4 Oct 2016).

However if there is no law in Irish domestic legislation to protect the integrity of one's name the GDPR legislation* passed by the European Union in 2016 (8 April 2016) and enacted earlier this year (25th May 2018) which does so provide. I learned about this from an article and video, Tá sé de cheart agat fada a bheith i d’ainm, faigh é!’ by the award winning Film producer Ciarán Ó Cofaigh (Cré na Cille, Murdair Mhám Trasna, Na Cloigne agus eile!) in the on-line news service tuairisc.ie.

The GDPR legislation "..lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data..." (Article 1) but the regulation we are concerned with is Article 6 (Rectification) which baldly states:

"The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement."

The real punch line in Ó Cofaigh's article comes near the end. Basically he says if more than one request of this nature is received by an entity - and this refers to all entities not just state owned companies or departments - fines of up to €10 million are allowed for.

He urges those who have this problem should make a request not on the basis of human rights (language rights) but under the the GDPR Legislation (Art 16).

He concludes, “Faigh do fhada ar ais, is libhse é agus tá sé de cheart agaibh é a bheith agaibh!” (Get your fada back, it is yours and you have a rigt to it!)

* The text of the GDPR regulations may be found here in English.  (It is also available in 24 other European Languages, including our own)

¨You may also like to consider just how important a fada can be.  Remember tha Sean means old whereas Seán ia a male name.

Saturday, May 21, 2016

"The law must take its course!" #Mám1882

The President of Ireland is to be presented with a copy of this book by the Author on 16th June 2016 at Aras an Uachtaráin.

The Judge placed the black cap on his head and a deep silence filled the courtroom.

Guilty!
"The sentence of this court is, and I do judge and order that you, Myles John Joyce, be taken from the bar of this court where you now stand to the place from which you came, and that you be removed to her Majesty's prison at Galway, and that on Friday the 15th day of December next of this year of Our Lord, 1882, and you be taken to the common place of execution, within the walls of the prison in which you shall be confined, and that you shall there be hanged by the neck until you be dead, and that your body be buried within the precincts of the prison in which you shall last be confined after your conviction.

And may the Lord have mercy on your soul."

There was a stunned silence before hesitant applause broke out.

This was probably the most moving moment at the launch of a book by Seán Ó Cuirreáin, "Éagóir - Maolra Seoight agus dúnmhairithe Mhám Trasna." A meticulously researched account of the most horrifying murder of almost every member of a family in a remote part of what was then North Galway and the subsequent trial and conviction of neighbours and relations. These events attracted such interest far and wide that it eventually contributed in no small measure to the downfall of the British Government of William Gladstone.

The book launch was made more poignant by the fact that it occurred in the actual courtroom in which these men, most of whom were unable to comprehend what was going on. They had no English, nor any knowledge of the British legal process.

The historic courthouse which saw the trials of Wolfe Tone, Robert Emmet and John Mitchell now saw these eight men arraigned before a hostile legal system which made little or no effort to understand the position of these "wretched Irish-speaking creatures" - to use the words of Defence counsel.
Today there is little change in physical make-up of the courtroom.

The sole witness dismissed without telling his story!
There, the Dock where the eight accused stood uncomprehendingly. There, the witness boxes where perjured testimony was delivered. Below the table where the barristers sat and on which the only survivor, a 9 or 10 year old boy, stood before being dismissed, with out questioning on the events of that fateful night. Over there the jury box with twelve "good men and true" with absolutely no knowledge of the life or language of people living on a mountainside in the west of Ireland might be. And there the bench where sat the Honourable Judge Barry.

A former Minister for the Gaeltacht, Éamon Ó Cuív spoke of the injustice that lead to the hanging of Maolra Seoighe (Myles Joyce), an injustice visited to a lesser extent in terms of result but nevertheles a State inflicted injustice familiar to Irish speakers to this day. He drew a comparison between the last recorded words (translated) of Myles Joyce with those of St Thomas More. "I am going befor my God, I was not there that day. I had not hand or part in it. God forgive those who swore against me...." And More: "Tomorrow, long I to go to God....In good faith, Mr. Rich (who bore false witness against him), I am more concerned for your perjury than my own danger"

A descendant of the murdered family Johnny Joyce, a Dublin footballer spoke briefly about the story as it came dowm through his own family and of forgivness for those who actually committed the murder.

Seán Ó Cuirreáin
Then, from the Jury Box, Seán Ó Cuirreáin read an extract form the book which terminated with the enacting of the Trial Judge' condemnation and the dramatic sentencing.

Despite much pleading, three of the eight were hanged including the incontrovertibly innocent  Myles Joyce. The final chilling response from The Lord Lieutenant of Ireland, "The law must take its course!" sealed their fate.

That there was an injustice done is not in doubt in the case of Myles Joyce but the British Justice system is always loath to row back on judicial decisions in law. Remember the phrase of the English Master of the Rolls of an "appalling vista." and "It cannot be right that these actions (appeal of Birmingham six convictions) should go any further."

Several British Peers, the late Lord Avebury and Lord Alton, whose Mother was herself from the Tuar Mhic Éadaigh Gaeltacht, the parish of Mám Trasna, have been active on the case. Indeed the British Minister of Justice is convinced of the validity of the case but is unwilling to act unless there is sufficient interest.

Hopefully this publication will strengthen the case.

Review
An excellent review of the book has been written by Dr John Walsh (UCG) which appeared in Tuairisc.ie. (in Irish)
Sárleabhar a thugann ómós cuí d’fhir bhochta ar chiontaigh an Choróin go héagórach iad (A superb book that pays overdue respect to poor men unjustly condemned by the Crown)
• Seán Ó Cuirreáin: Éagóir - Maolra Seoighe agus dúnmharuithe Mhám Trasna
ISBN: 978-1-907494-61-1 Foilsithe - Cois Life: 2016.  €15.00

See Also
Pictures from the book launch have been published by Tuairisc.ie.
A wrongful hanging in Conamara (Lorna Siggins, Irish Times 20/5/2016)

Pieces we published on the commemorations in 2012:
Commemoration of Mamtrasna 1882 miscarriage! (20/11/2012)
Pictures discovered after 130 years! (15/1/2013)

• I have written my own comments on this book now on my personal blog:  Géileadh don dlí - cóir nó éagóir! (Submit to the law - just or unjust!)



Wednesday, January 18, 2012

Open letter to Senators!

Open letter to members of Seanad Éireann on the occasion of debate on Irish and the Gaeltacht!

Dear Senator

I understand that the Seanad is to have a discussion on Irish and the Gaeltacht this afternoon.

I would like to make some points in English and would ask you to forgive any gramatical or other  errors in this paper.

As someone who lives in the Gaeltacht I believe that the language adn the very fabric of society here are being catastrophically threatened by the policys of the current administration.

The demotion of the Department of the Gaeltacht into an Art and Heritage sub set from a more sensible position as a component of Community Development. The Gaeltacht is a community not a museum, art gallery or heritage site. It's spokesman is now a Junior Minister who however well-intentioned has NO input into cabinet decisions concerning his people.

The Language Acht, by no means a perfect piece of legislation, is being steadily watered down and dissassembled. The first straw in the wind was the abolition of the right to have legislation introduced simultaneously into law. The second was the inexplicable decisiion to merge the office of the Language Commissioner into the Ombudsman's Office, a move which even the Junior Minister McGinley admits will cost the State money. In addition the fact that the Ombudsman's office is non-compliant with the law in matters under the responsibility of the Language Commissioner doues not auger well for the new arrangement. The Ombudsman's Office finding itself in breach of the law would be laughable.

Laws in other areas also add to the dangers. May I list those I know of:

1. Proposed legislation to tax on septic tanks only apply to rural areas - where the majority of Gaeltacht Areas are. (I have no problem with the proposed Household Tax in principle rather do I have a problem with the method of its introduction and how it is calculated!)

2. The uncertainty and probable abolition of the representative nature of Údarás na Gaeltachta will lessen if not totally erode the relevence of this body. It does need reform but giving the responsibility to local County Councils to appoint the board is false democracy.

3. Perhaps the most frightening threat from this Government is the decision on rural schools. This effects the Gaeltacht Areas severly. Under this legislation it looks like over eighty schools will close. Places like the Kerry Gaeltacht will leave one rural school as 13 out of 14 fail to reach the new target. In my own area over half the small schools will be closed/merged. Two will close in Múscraí, 28 in Donegal and 2 of the three in the Waterford Gaeltacht will close. In recent discussions between the Parents and public representatives it was apparant that those making the decision in the Department of Education had no idea of the effect or even of the geographic locations of the schools they are closing.

4. Another point about the Department of Education is the fact that only 1% of the staff of that Department are able to provide a service to these Gaeltacht (or any Gaelscoil) Schools.

5. Services like speech-therepy and other health services are by-and-large not available to children and grown-ups in their home language.

6. So-called "environmental issues" like no planning for single rural homes, turf-cutting, special areas of conservation etc are also restrictions which impact in various ways on various Gaeltacht areas.

7. The debacle of the introduction of the houshold tax is merely a reflection of the thoughtlessness in administration. As of this morning the form to register for this tax is unavailable either on-line or in local authority offices.

Finally there is no good example being provided by political, ecclesiastical or other leaders. For instance when was a contribution to discussions on any subject except the language itself ever held in the Dáil or Seanad, not to mention Local Authority. Indeed the only elected State Body which holds its meetings in Irish, Údarás na Gaeltachta, is apparantly sheduled for castration.

The Oireachtas, the Parliament of Ireland has NEVER to my knowledge issued a press release in Irish yet there are at least six media outlets for such releases. If they wish to transmit any news of the Oireachtas, debates or committee they must translate these from their own resources!

The requirements of Gaeltacht Areas are by an large those of many other Rurl Areas excepot they require them in Irish. There are little or no cost implications in this as it only requires personnal who are competant in the language who can speak and write it. In fact if any of the above

I've tried to compress thoughts here and there may be other points which could be made but I think there is enough to go on in the above.

Thank you for your attention and I hope you are successful in catching the Chair's eye in this debate!

Eoin Ó Riain
Irish Citizen
Caorán na gCearc,
Baile na hAbhann
Conamara
Co na Gaillimhe

• A letter from Guth na Gaeltachta with these points and also some others is available on Gaeltacht21: Guth na Gaeltachta chuig an Seanad (Irish 18/2/2012)

Tuesday, July 12, 2011

Irish translation 'extravagance'

Letters in the Irish Times and Irish Independent!

This letter appeared in both papers

Sir, 

May I commend the National Museum of Ireland and the HSE for both their “lack of will” and “lack of co-operation” with regard to recommendations issued by the Irish Language Commissioner. (“State bodies reported over failures on Irish”, July 8th).



The following response was also sent but not (as yet) published!

Madam,
I was interested to read Mr Doody's letter (Irish translation 'extravagance') in Mondays issue.
Where I live the daily language is Irish and each time specific services through Irish are refused here or indeed anywhere in the country, there is little doubt it 'furthers the drive towards “compulsory English” in state affairs.' to quote a recent report.
Mr Doody's support of the flauting of the law as enacted by Dáil Éireann, Seanad Éireann and promulgated by the President of Ireland, by two state entities was surely not intentional.
The costs incurred by their adherence to the law, which, from the tone of his letter he seems to think might be astronomical, would be negligible if previous recomendations by the statutarily appointed Language Commisioner were acted upon.
In the case of the HSE his directions to them were to assist in the comfort and well being and good health of the patient, something which, had he thought of it, would be strongly supported by Mr Doody.

Yours etc

Eoin Ó Riain,
Caorán na gCearc,
Baile na hAbhann
Co na Gaillimhe

• Another letter sent to the Irish Independent was however published on 14th July 2011 under the somewhat patronising heading, "Gaeilgeoirs compelled to speak in English!"
Given the bad press that many of our State-funded bodies receive, I am delighted to see that at least some of our public servants are unwilling to waste taxpayers’ money on unnecessary extravagances. According to the article, among the complaints made to the Commissioner was one that the HSE had not posted swine flu warnings in Irish. Surely, the vast majority of taxpayers would wish to see HSE funds being spent on improving conditions for patients rather than using scarce resources to translate and produce publications and notices in Irish?

Although I have an enormous amount of respect for the Irish language, I urge the Government to act to change legislation in order to ensure that public funds are not being used to please the small minority of citizens who are Irish- language fanatics. - Yours, etc,

DERMOT DOODY,
Abbeyfield,
Milltown, Dublin 6. 11/7/2011

A chara,

Dermot Doody (July 11th) wants legislative change to ensure that our public funds are not used to please the small minority of citizens who are “Irish-language fanatics”.

Can I make a similar plea: that the even smaller minority of “anti-Irish language fanatics” are not accommodated in their extremist demand that when it comes to Irish State-funded publications, the rule is compulsory English for everyone? – Is mise,

PÁID Ó DONNCHÚ,
Na Forbacha,
Co na Gaillimhe. 12/7/2011





This letter appeared in the Irish Independent:

The exclusion of a language from public life is a tried and tested method of hastening that language's demise. Practical steps toward official bilingualism in Canada and Wales in order to encourage the use of French and Welsh respectively have borne fruit. Because Irish has had a low social status for centuries, bilingual signs and announcements annoy people like Stephen Lane (Letters, Irish Independent, July 9), who feel uncomfortable seeing or hearing Irish.

For people who speak Irish habitually or at home (fanatics, as Mr Doody calls us) public bilingualism assures us that we are an accepted part of this society. Diversity and tolerance for our linguist minority can also benefit the Anglophone majority by opening up to them the primary language spoken in Ireland for most of its history and which gives every hill and stream here its name.

DáithíMac CArthaigh, BL
An Leabharlann Dlí,
Na Ceithre Cúirteanna,
Baile Átha Cliath 7 12/7/2011

These in the Irish Times

A chara,

I read Dermot Doody’s letter (July 11th) regarding Irish translation “extravagance” and I was not at all surprised that he listed misconception after blatant misconception to support absolute wanton flouting of the law.

I am a professional Irish translator who on an average day will translate anything from a simple two-word sign to a full-blown annual report or policy document. I receive some of this work from public bodies, which are required under the Official Languages Act to offer documents bilingually, and some from private companies who see the obvious advantage of serving customers in whichever language they personally prefer.

I found the HSE swine flu sign in question on its website and analysed it as I would any document I receive for translation – it was 62 words in length. This would have cost the HSE about €8 (probably less) in total to translate. Mr Doody’s nonsensical apprehension that this €8 could somehow be turned into “improved conditions for patients” is beyond my comprehension. Even the overall annual cost of translation for the HSE would pale in comparison to any of the various and often reported inefficiencies of the HSE.

According to Census 2006, Irish speakers number about 400,000 people in the Republic of Ireland alone (even excluding people who state they have it but never speak it, and those who speak it only within the education system). I am constantly surprised by people like Mr Doody who would consider any one of these number who wishes to carry out business with the State through the first language of the State on the most basic of levels as a “fanatic”.

Perhaps Mr Doody would be correct to brand me an Irish language fanatic if I were to write in to The Irish Times and advocate the removal of all English from signs around the country or the publication of official documents in Irish only. But what would that make him? An English language fanatic?

Is mise,
JAMES PELOW
Snasta Translation Solutions,
Bóthar Ghort na Mara,
Cill Iníon Léinín,
Co Átha Cliath. (13/7/2011)

Sir,

I take exception to Páid O’Donnchú’s reference (July 12th) to “fanatics” and “extremist” to refer to those who despair at the waste involved in producing official documents in both English and Irish.
There is nothing radical in wishing to see public money saved by the simple expedience of using half as much ink and, in many cases, half as much paper, not to mention the savings that can be made in postage costs.

On the other hand it is definitely extreme to insist that the vast majority of citizens receive documentation and correspondence half of which is in a language that they do not understand, just to appease the minority who, while understanding the main language of this State fluently, have a desire to be mollycoddled by instantly seeing the same message in their language of choice.

This is not to say that anyone wishing to receive correspondence in Irish hasn’t got a perfect right to do so, but they can surely be provided with cost-effective ways of indicating their preference rather than imposing unnecessary waste on taxpayers as a whole.

Yours, etc,

PAUL CARROLL,
The Cloisters,
Clane, Co Kildare. (13/7/2011)



And this in the Irish Independent!


Fanatical Gaeilgeoirs killed love of language

I doubt that the man in the street gives much thought to bilingualism, or multilingualism for that matter (Letters, Irish Independent, July 12). After all, there is far more Polish spoken in this country than Irish these days.

What singles Irish out for harsh criticism is the manner in which it is foisted upon the public by a state quango which appears to have powers well beyond its original remit.

It is precisely this do-as-we-say, Stasi-like compulsion, at the behest of fanatical Gaeilgeoirs, which choked off a love of the language in the first place.

It didn't work then and it won't wash now. We are a wholly English-speaking nation and will continue to communicate in an ever-evolving English language.

It is simply the way of the world and it has been this way throughout history.

Niall Ginty
Killester,
Dublin 5 (13/7/2011)

The assertion that "We are a wholly English-speaking nation and will continue to communicate in an ever-evolving English language", made by your correspondent, Niall Ginty (Letters, July 13), came as some surprise to the people of my district who have been communicating, playing games, sitting on committees, rearing families, praying and working in Irish for as long as anyone can remember and for over a thousand years prior to that.

The only linguistic compulsion they feel is the fact that the State, local authority and state-funded organisations (like the HSE) mostly insist on using English.

They know that the Comisineir (sic) Teanga was right when he said "Irish will not remain as a living, community language in Gaeltacht areas if the State continues to compel Gaeltacht communities to use English in their official dealings."

Where is the "Stasi-like compulsion?"

Eoin O(sic) Riain
Baile na hAbhann, Co na Gaillimhe (14/7/2011)

Wednesday, July 6, 2011

Review of the Official Languages Act


A commentary on the practical application and operation of provisions of the Official Languages Act 2003 has been published by the Office of An Coimisinéir Teanga in anticipation of a review of that legislation to be undertaken as part of the programme for Government. The Act’s provisions came into effect fully five years ago.

Seán Ó Cuireáin
An Coimisinéir Teanga, Seán Ó Cuirreáin, said he hoped that the outcome of the review will be an Act fit for purpose which serves the wishes of the Irish language community in an appropriate manner and ensures that meaning is given to the constitutional provision that Irish is the first official language as it is the national language.

Seán Ó Cuirreáin was speaking at the launch of his commentary report in An Spidéal, Co. Galway today (July 5th 2011).

Amendments to the legislation suggested by An Coimisinéir Teanga’s Office include the recommendation that public bodies be classified into different catagories (A, B, C, etc.) in accordance with their range of functions and their level of interaction with the public in general, including the Irish language and Gaeltacht communities, and that the level of service through Irish to be provided by public bodies should depend on that classification.

It also recommends that public bodies be obliged by statute to provide their services through Irish in Gaeltacht regions and that such services should be of a standard equal to those provided elsewhere through English.

A renewed effort to ensure the proper implementation of the Act’s language schemes system on a strategic and consistent basis is also recommended or, as a possible alternative, that a new “standards” system based on statutory regulations be developed, as is planned for the Welsh language in Wales. With regard to official publications provided through the Irish language, An Coimisinéir Teanga’s Office recommends that priority be given to those publications for which there is the greatest demand from the public, the Irish speaking and Gaeltacht communities included.

The report also calls for the lack of staff in the public sector competent in the two official languages of the State to be addressed whenever the current recruitment embargo is relaxed. An Coimisinéir Teanga describes this problem as the “the most fundamental difficulty with the provision of state services through Irish”. The report also suggests that statutory provision be made to ensure that members of the public have the right to use their names and addresses in their choice of official language when dealing with public bodies.

“No additional spending should result from these recommendations and if expenditure is not reduced then, at the very least, the amendments should be cost neutral” said Mr Ó Cuirreáin.

An Coimisinéir Teanga also announced that he had in recent days placed two special reports before the Houses of the Oireachtas detailing cases where public bodies had been found in breach of statutory language provisions but had failed to implement recommendations to ensure compliance. The organisations involved, the Health Service Executive and the National Museum of Ireland, had not opted to appeal to the High Court the findings that they were in breach of legislation but had nevertheless not implemented his recommendations. “It falls to the Houses of the Oireachtas now to take whatever additional measures they deem appropriate” he said.

The review  and the two depositions laid before the Houses of the Oireachtas may be downloaded from this page on the Commissioner's website.

Friday, April 23, 2010

DRAFT 20 YEAR STRATEGY FOR THE IRISH LANGUAGE (2009)

20-YEAR STRATEGY FOR THE IRISH LANGUAGE 2010 - 2030


TABLE OF CONTENTS

N.B.Blog owners comment:
We've put this English translation of the Governments 20 Year Strategy on the language from the pdf copy (both versions Ireish and English on single document) which is available from the site of the Department of the Gaeltacht but only in pdf form.

Some people prefer to download and look at documents in this format while others prefer the HTML format as here. The Irish version has been available in HTML format since November 2009 on the Gaeltacht21 blog site. We now present this English Language version for study by people who feel intimidated by 91 pages of Irish - though they may find it easy enough to read the shorter pages - like the contents. We have divided the document up into the various chapters and divisions for the same reason.

This draft, and it is a draft, is being considered by a joint Oireachtas committee which has held many meetings, including public televised ones, both in Dublin and, historically, in the Gaeltacht itself, when representations were made by interested bodies.

6. AREAS FOR ACTION


The Strategy sets out areas of action under nine key headings:


Tuesday, April 20, 2010

Lawer linguist training.

Preparatory course for Irish speakers wishing to apply for lawyer-linguist positions in the European Institutions

As a result of the Irish language achieving the status of an official and working language of the European Union, the European Institutions will be recruiting lawyer-linguists in the years ahead who have an excellent level of competency in Irish. Gaelchultúr Teoranta, in conjunction with King’s Inns, is running a preparatory course from 7 June which aims to teach the language skills required by those wishing to apply for the positions that will become available in Brussels over the next few years.

This full-time course, which is being funded by the Department of Community, Rural and Gaeltacht Affairs, will continue until early October 2010 and classes will be held in King’s Inns, Henrietta Street, Dublin 1.

The course is aimed at those who have a law degree or a professional legal qualification (BL or Solr), as well as a good standard of written Irish. All applicants will be required to undergo a language assessment test and the results of this assessment will be taken into consideration when places are being allocated on the course. Successful candidates will not be required to pay a course fee.

Applications for this year’s course must be received by King’s Inns by 4.00 p.m. on Friday, 7 May 2010.

The course brochure and application form are available on the King’s Inns website.

This message in the original Irish may be found here!